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HomeMy WebLinkAbout26194-02.19.1979 c following Resolution entitled "RESOLUTION OF NECESSITY" a moved that it be proposed. Council Member seconded the motion. The matter was discussed and e roll being called, the vote was, .ry / AYES: / l NAYS: Whereupon, the Mayor declared the motion adopted and th'e. resolution to have been introduced and .proposed as follows: F:FM' A NG d ' 7 (CONTRACT NO. 170) • RESOLUTION OF NECESSITY WHEREAS, preliminary plans and specifications and plat and schedule and estimate of cost are now on file in the office of the Clerk showing the boundaries of the district, containing the properties and lots to be assessed, locations of the improvements, each lot proposed to be assessed, together with a valuation of each lot as fixed by the Council, an estimate of the cost of the entire proposed improvements , stating the cost of each type of construction and kind of materials to be used, and an estimate of the amount proposed to be assessed against each lot, for the construction of the "Waterloo, Iowa, F .Y. 1979 Paving Progam No. 2 (Contract No. 170) " , as hereinafter described, in Waterloo, Iowa: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That it is deemed desirable, advisable and necessary to construct the "Waterloo, Iowa, F.Y. 1979 Paving Program No. 2 ( Contract No. 170) " , in Waterloo, Iowa. Said district containing the properties to be assessed is set out and described in the following "Notice to Property Owners" , set out in this Resolution of Necessity. 12 AHLERS, COONEY, DORWEILER,HAYNIE&SMITH, LAWYERS, DES MOINES, IOWA Said improvements within said District are located and described in the following "Notice to Property Owners" , set out in this Resolution of Necessity. The method of construction shall be by contract. Costs of said improvements will be assessed to the proper- ties within the boundaries of the district. No property shall be assessed more than it is benefited by the improvements nor more than 25% of its value on the date of its assessment. A plat and schedule and estimate of costs are now on file in the office of the Clerk as required by law. Any difference between the amount which is derived from cash payments made by property owners during the thirty day collection period and the sale of Street Improvement Bonds issued against assessments on benefited properties and the total cost of the improvements, shall be paid for from the proceeds derived from the issuance and sale of bonds as authorized by Section 384. 25, City Code of Iowa, and/or from such other funds of said Municipality as may be legally used for such purpose. BE IT FURTHER RESOLVED, that this Council meet at 7:00 o'clock P. M. , on the 12th day of March 1979, in the Council Chambers in the City Hall, for the pur- pose of hearing property owners subject to assessment and interested parties for or against the improvement, its cost, the assessment, or the boundaries of the district. Unless a property owner files objections with the Clerk at the time of the hearing on this resolution of necessity, he shall be deemed to have waived all objections pertaining to the regu- larity of the proceedings and the legality of using special assessment procedure. BE IT FURTHER RESOLVED, that the Clerk is hereby instructed to cause notice to be published and mailed as required by law of the pendency of this resolution and of the time and place of hearing objections thereto, and to the said preliminary plans and specifications, estimate of costs and to the making of said improvements; said Notice to be in substan- tially the following form: 13 AHLERS, COONEY, DORWEILER, HAYNIE&SMITH, LAWYERS, DES MOINES, IOWA (Two publications required) ( CONTRACT NO. 170) NOTICE TO PROPERTY OWNERS Notice is hereby given that there is now on file for public inspection in the office of the Clerk of the City of Waterloo, Iowa, a proposed Resolution of Necessity, an esti- mate of costs and plat and schedule showing the amounts pro- posed to be assessed against each lot and the valuation thereof within a district as approved by the Council of Waterloo, Iowa, for a street improvement, designated as the "Waterloo, Iowa, F.Y. 1979 Paving Program No. 2 (Contract No. 170) " , of the types and in the location as follows: WATERLOO, IOWA, F.Y. 1979 PAVING PROGRAM NO. 2 ( CONTRACT NO. 170) Street improvements consisting of seven ( 7 ) inch thick non-reinforced portland cement concrete pavement with integral curb, new or renewed water services , new sanitary sewer ser- vices and such other work as may be incidental thereto, along the following streets, avenues, drives and roads, etc. : S. HACKETT ROAD from University Avenue to Rainbow Drive, including a one-half intersection at Maynard Avenue, Field Street, Westbourne Road, and Castle Street. Said improvement to be approximately twenty-five ( 25) feet wide. Street improvements consisting of six (6 ) inch thick non-reinforced portland cement concrete pavement with integral curb, new or renewed water services, new sanitary sewer ser- vices and such other work as may be incidental thereto, along the following streets, avenues, drives and roads , etc. : AVON AVENUE from Riehl Street to Thorson Avenue, including a full intersection at Edison Street and Thorson Avenue, and a one-half intersection at Brees Street. Said improvement to be approximately twenty-eight (28) feet wide. BATES STREET from Shilliam Avenue to Oneida Street. Said improvement to be approximately twenty-eight ( 28 ) feet wide. COLORADO STREET from Dubuque Road to Independence Avenue, including a full intersection at Polk Street, Monroe Street, and Madison Street, and a one-half intersection at French Street. Said improvement to be approximately twenty-eight ( 28) feet wide. 14 AHLERS, COONEY, DORWEILER, HAYNIE&SMITH, LAWYERS, DES MOINES, IOWA DAWSON STREET from Leonard Avenue to Burton Avenue. Said improvement to be approximately twenty-eight (28) feet wide. DOUGLAS STREET from Bates Street to Mobile Street, including a two-thirds intersection at Bates Street. Said improvement to be approximately twenty-eight ( 28) feet wide. FRENCH STREET from Colorado Street to Idaho Street, including a full intersection at Arizona Street, and a one-half inter- section at Colorado Street and Adrian Street. Said improve- ment to be approximately twenty-eight (28 ) feet wide. HALSTEAD STREET from Shilliam Avenue to Oneida Street. Said improvement to be approximately twenty-eight (28 ) feet wide. JACKSON STREET from Shilliam Avenue to Sumner Street, including a full intersection at Oneida Street. Said impove- ment to be approximately twenty-eight ( 28 ) feet wide. LEONARD AVENUE from Kern Street to approximately 190 feet south. Said improvement to be approximately thirty-one (31) feet wide. LINN STREET from Oneida Street to Quincy Street. Said impro- vement to be approximately twenty-eight ( 28) feet wide. LINN STREET from Newell Street to Lester Street, including a full intersection at Oliver Street. Said improvement to be aproximately twenty-eight ( 28) feet wide. OLIVER STREET from East Fourth Street to North Barclay Street, including a full intersection at Linn Street and Manson Street. Said improvement to be approximately twenty-eight ( 28) feet wide. RIEHL STREET from Burton Avenue to approximately 115 feet west of Marlin Court. Said improvement to be approximately twenty-eight ( 28) feet wide. WYOMING STREET from Lafayette Street to Dubuque Road, including a full intersection at Blowers Avenue and Shultz Street. Said improvement to be approximately twenty-eight ( 28) feet wide. Street improvements consisting of six (6 ) inch thick non-reinforced portland cement concrete pavement without integral curb, new or renewed water services, new sanitary 15 AHLERS, GOONEY, DORWEILER, HAYNIE&SMITH, LAWYERS, DES MOINES, IOWA sewer services and such other work as may be incidental thereto, along the following streets, avenues, drives and roads, etc. : MONROE STREET from Colorado Street to Arizona Street, including a full intersection at Colorado Street. Said impro- vement to be approximately twenty-one (21) feet wide. Storm drainage improvements consisting of concrete storm sewer pipe with manholes and catch basin inlets and such other work as may be incidental thereto, along the following streets, avenues, drives and roads, etc. : NORTH HACKETT ROAD from Rainbow Drive to the north approxima- tely six hundred fifty ( 650 ) feet. SHULTZ STREET from Wyoming Street to Blowers Creek. ASSESSMENT METHOD AND COST All streets, avenues and roads being assessed will be assessed for one-third (1/3) of the total cost. Assessment of cost is determined as follows: One-half of cost is assessed to properties which front on the improvement, pro-rated by lot width, together with the remaining one-half of cost assessed to all properties , pro- rated by lot area. Intersection costs are assessed by lot area, pro-rated. Cost is determined and assessed per indivi- dual street or portion thereof. The cost of new or renewed water or sewer services shall be assessed at the actual cost of having the work done which may be less or greater than the proposed amount. All sidewalk approach walks on streets without existing curb and gutter shall be removed as part of the non-assessable costs. Replacement of said approach walks is the respon- sibility of the property owner. If desired by the property owner, replacement of said walks may be done by Waiver of Assessment of actual costs. NEW AND RENEWED WATER AND SEWER SERVICES The City Council has ordered the connections from water and/or sewer be made, or in some instances renewed to the pro- 16 AHLERS, COONEY, DORWEILER, HAYNIE&SMITH, LAWYERS, DES MOINES, IOWA perty line of the abutting or adjacent property, as part of the proposed permanent improvements described above. Affected property owners receive an additional proposed assessment notice for this work entitled "Underground Portion of F.Y. 1979 Paving Program No. 2 170" . The property owner has the option to complete the necessary work by contracting a plumber of his choice within thirty ( 30) days after the date of hearing on the Proposed Resolution of Necessity. All permits for said new or renewed water and sewer services to property served from the above streets or cross streets within the limits of the RFoposed improvements must be taken out after March 12 , 19 /9 , but before April 11 19 79 , with said work to be completed by April ii , 19 79 . All new and renewed connections shall be constructed in accor- dance with the specifications of the City Engineer, the rules and regulations of the Board of Trustees of the Waterloo Water Works, and the ordinances relating thereto. In case such connections are not made within said time by a plumber hired by the property owners , then the City or the Board of Trustees of the Waterloo Water Works , as the case may be, shall cause same to be made and the cost and expenses thereof will be assessed against the property in front of which said improvement is made. That the proposed district to be benefited and subject to assessment for the cost of such improvements is described as follows: All abutting and adjacent property to the above described streets, avenues , roads or alleys that is within one-half way back between the street to be improved and the next street, but in no case shall said area extend further than three hundred (300) feet from the street to be improved. The Council will meet at 7:00 o'clock P. M. , on the 12th day of March , 1979 , at the Council Chambers in the C ti y Hall, Waterloo, Iowa, at which time the owners of pro- perty subject to assessment for the proposed improvements , or any other person having an interest in the matter may appear and be heard for or against the making of the improvement, the boundaries of the district, the cost, the assessment against any lot, tract or parcel of land, or the final adoption of a 17 AHLERS, GOONEY, DORWEILER, HAYNIE&SMITH, LAWYERS, DES MOINES, IOWA Resolution of Necessity. A property owner will be deemed to have waived all objections unless at the time of hearing he has filed objections with the Clerk. This Notice is given by authority of the Council of the City of Waterloo, Iowa. Clerk of the City of Waterloo, Iowa ( END OF NOTICE) 18 AHLERS, COONEY, DORWEILER,HAYNIE&SMITH. LAWYERS, DES MOINES, IOWA APPROVED AND PROPOSED at a meeting held on the 19th day of February , 1979 . Mayor ATTEST: Clerk 19 AHLERS, GOONEY, DORWEILER, HAYNIE&SMITH, LAWYERS, DES MOINES, IOWA